Navajo Nation Tribal Code

Navajo Tribal Code vs. Navajo Constitution
The Navajo Nation Council rejected a constitution for its government three
times resulting in a Navajo Tribal Code.

In 1935, Navajos declined to accept the Indian Reorganization Act of
1934 which would have allowed the Navajo Tribe the right to reorganize
along constitutional lines. In place of a tribal constitution, the Interior
Secretary approved a limited set of "rules" for the Navajo Tribal
Council written by the Commissioner of Indian Affairs, John Collier. These
rules still provide the framework of the Navajo Tribal government. Since
its beginning, many new laws have been made by the tribal council and
its advisory committee.

In 1962, the Navajo Tribal Code was consolidated with all the old tribal
resolutions and federal laws and arranged into two volumes. The volumes
eventually expanded with each new approved Navajo Tribal Council's resolution.
They included the Navajo Bill of Rights, tribal governmental structure
and powers, qualifications for tribal membership, election laws, fiscal
matters, business and commercial activities, land use and natural resource
matters, law and order matters, and so on.

Navajo Tribal Code Authority
The Navajo people do not have authority over the Navajo Tribal Code since
they didn't establish the government. The unwritten Navajo customs and
traditions may play an important and limited role in Navajo government
but should be considered when interpreting the Navajo Tribal Code.

The clause in "Rules" regarding no statement of powers which
the Tribal Council was authorized to exercise on behalf of the Navajo
people needs to be emphasized because it means the Navajo Tribal Council's
powers are not defined and aren't limited, however, it's not entirely
free from constraints.

Why is there a Navajo Tribal Code instead of a Constitution?
When the Navajo people first voted against the 1934 Indian Reorganization
Act, they did so believing that it would end Collier's "Livestock
Reduction Program". Conflicting political reports from the government
and tribal leaders confused the Navajos about establishing a tribal constitution.
Instead, the issue was lost in the confusion.

In 1950, the constitutional question arose a second time when the Navajo-Hopi
Rehabilitation Act included a provision that the Navajo Tribe may adopt
a constitution. A draft was written and sent to the Secretary of the Interior
in 1953.

During the same time, there was a debate between the Navajo Tribe and
the Secretary of Interior regarding business partnerships with energy
companies. The Navajo Tribe wanted to take advantage of oil and gas development
on the reservation. They introduced a bill to allow the council to begin
the process. Even though the Federal Government strongly supported the
end of a federal Indian policy called "Termination", the federal
government refused to grant Navajos the freedom to develop their mineral
resources. The Tribal Council shelved the constitution again.

Raymond Nakai, Navajo Tribal Chairman from 1963-70, reintroduced the
constitutional issue during his administration. One of his pledges was
to adopt a constitution. A draft was made and submitted to the Tribal
Council on November 14, 1968. The Tribal Council approved it but never
put it before the people for ratification.

Section 6 of the Navajo-Hopi Rehabilitation Act authorized the Navajo
tribe to adopt a constitution. This provision is still applicable today,
although no major push to adopt a constitution has been made since 1968.
Some of the reasons made by the Council are as follows:

1. They felt that the constitution would define some limit to their powers.

2. They may solely exercise all sovereign powers currently vested in
them.

3. Constitutional provisions would require that some council actions
be taken to the people for approval.

4. That it would be too time-consuming and expensive to involve the Navajo
people in direct participation on certain tribal resolutions.

The Secretary of Interior must approve all tribal constitutions and can
veto many tribal laws. This power of the Secretary is commonly referred
to as "Secretarial Review".